The Week That Was

The Week That Was: All of Lawfare in One Post

By Matt Gluck, Tia Sewell
Saturday, January 9, 2021, 12:42 PM

Jen Patja Howell shared a conversation on the Lawfare Podcast covering this week's turmoil in Washington, a conversation in which Benjamin Wittes spoke with Quinta Jurecic, David Priess, Mary McCord and Daniel Byman about the mob attack on the Capitol, the law enforcement response to it, and the prospects for removing President Trump from office in response:

David Priess and Jack Goldsmith discussed the process for removing a president from office through impeachment or the 25th Amendment. Bobby Chesney and Steve Vladeck shared an episode of the National Security Law Podcast covering the crimes committed by Trump supporters in Washington, the law enforcement failure and the constitutional paths for ending Trump’s presidency and preventing him from holding office in the future:

Howell shared this week’s episode of Rational Security, “the Peaceless Transition of Power” edition, featuring commentary on the havoc at the Capitol building, among other things:

Herb Lin identified the potential cybersecurity risks stemming from the mob’s attack. Howell also shared a discussion on the Lawfare Podcast about the failure of the Capitol Police, what should be done to improve security on Capitol Hill and how the government should bring to justice those responsible for the raid:

Bryce Klehm, Alan Rozenshtein and Jacob Schulz detailed the various federal criminal laws that were likely violated at the Capitol on Wednesday. And Klehm and Rohini Kurup created a database containing documents related to criminal charges following the attack.

Jurecic argued that President Trump remaining in office poses a danger to the country and the decision to impeach him for a second time would rise from pragmatic necessity, not morality.

Lester Munson shared an episode of Fault Lines discussing how the Jan. 6 insurrection at the Capitol will impact America’s standing in the world and create new political weaknesses for adversaries to exploit:

Howell shared an episode of the Lawfare Podcast featuring Jack Goldsmith’s discussion with Margaret Love, the former pardon attorney under Presidents George W. Bush and Bill Clinton, about the self-serving nature of Trump’s pardons and commutations, how Trump’s clemency grants are different from previous ones and some potential reforms to the process of issuing pardons and commutations:

Keith E. Whittington argued that Republican legislators who objected to the counting of electoral votes for Biden are assisting Trump’s brazen effort to steal an American election—and while that attempt may be in vain, it will still prove destructive to U.S. democratic norms.

Howell shared an episode of the Lawfare Podcast about the rules for counting electoral votes in Congress and how much latitude lawmakers really have to challenge results:

Schulz analyzed Substack’s content moderation views and how they fit within the broader context of platform moderation.

Stewart Baker shared an episode of the Cyberlaw Podcast featuring commentary on Russia’s information war, the grim lessons to be taken away from the SolarWinds breach and a recent monopolization case filed against Google in a Texas court, among other things:

Mailyn Fidler examined a California state court’s final decision regulating government agency use of “stingrays,” or devices that enable a user to track cell phones and have prompted outcry about serious privacy risks when used by law enforcement.

Alvaro Marañon shared a joint statement from the U.S. Intelligence Community on the “likely Russian” role in the SolarWinds breach.

Howell shared an episode of the Lawfare Podcast in which Alexander Vindman sat down with Dr. Geoffrey Gresh to discuss his new book, which explores great power maritime competition and resultant implications for international security:

Jordan Schneider shared an episode of ChinaTalk featuring an interview with Michael Brown, who leads the Defense Innovation Unit, on topics including industrial espionage and foreign investment, coordinating with allies on semiconductors, and other U.S.-China defense-related issues:

Schneider also shared an episode of ChinaTalk in which he discussed military innovation and great power competition between Washington and Beijing with Richard Danzig, who served as Secretary of the Navy under the Clinton administration:

Abby Lemert and Eleanor Runde discussed the latest in U.S.-China technology policy and national security news in this week’s edition of SinoTech.

Michale Kugelman and Adam Weinstein analyzed the different trajectories of two major new political movements in Pakistan and explained what they reveal about where society and state stand in the country at present.

Bobby Chesney and Steve Vladeck shared a special mini-episode of the National Security Law Podcast on New Year’s Eve:

Peter Margulies analyzed a Dec. 31 U.S. Court of Appeals for the Ninth Circuit decision to uphold President Trump’s “uninsured ban” which bars the entry of immigrants without approved health insurance.

Lester Munson shared a conversation on the Fault Lines Podcast with Jim Danoy, NSI Visiting Fellow and former Defense Intelligence executive, about the role of the Intelligence Community in pandemics and whether the Department of Health and Human Services is part of the Intelligence Community:

Antti Ruokonen argued that decaying infrastructure can present serious national security vulnerabilities, not just local health and economic problems.

John Bellinger posted excerpts from his essay on how President Biden and the International Criminal Court’s Prosecutor can work to resolve the ongoing conflict between the American government and the ICC.

David Priess and Alan Rozenshtein joined Benjamin Wittes in a Lawfare Live event to discuss the madness that unfolded in Washington D.C. this week with the Lawfare community:

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And that was the week that was.